IgLou Terms of Service
|In order to ensure the highest level of service for all our customers, and to protect IgLou Internet Services, Inc. (IgLou) and its employees, there are certain terms and conditions that must be met to use our service. These terms and conditions are provided here to make your use of IgLou a positive and rewarding experience.
Each subscriber is responsible for reading and conforming to the terms and conditions listed in this Agreement. If you, the Subscriber, do not agree to be bound by all sections of this Agreement you must immediately end the use of your IgLou services and any software provided by IgLou, and immediately notify our customer service department at (800) 436-4456 so that we may cancel your account. Use of IgLou’s services in any way constitutes acceptance of this entire Agreement, all of its terms and conditions, and all charges associated with subscribed services.
1. Registration Requirements
Subscriber represents that he/she is at least 18 years of age and has the right and ability to enter into this Agreement. By accepting this Agreement, Subscriber represents that they meet this age requirement. Minors who use the Service are required to have parental or guardian consent to do so.
Subscriber agrees to provide IgLou with accurate and complete contact information including legal name, physical street address and local telephone numbers. IgLou may refuse service if any contact information is found to be inaccurate or unverifiable. Any changes to address or contact information must be reported to IgLou within 30 days of the change.
2. Use of Services
Subscriber agrees that all of IgLou’s Services are to be used for Susbcriber’s own use and may not be provided or resold to the public or to any of Subscriber’s customers, clients or tenants, without prior written consent from IgLou.
Revealing your account passwords to others or allowing use of your account by others is prohibited. Subscriber is responsible for ensuring the privacy of their passwords are protected.
Subscriber is solely responsible for the provisioning, configuration and maintenance of all equipment at Subscriber’s premise, including but not limited to, computer equipment, software, modems and phone lines.
3. DSL Internet Access – Installation and Customer Obligations
Subscriber is responsible for any additional wiring or equipment needed inside their home or office to get the Internet signal to the modem, and those fees are not included in IgLou’s installation fees. Some Subscribers may desire professional network setup which may be obtained from IgLou for an extra charge.
DSL Internet service may interfere with some burglar alarm systems, phone systems, intercom systems and other line-sensitive systems. It is Subscriber’s sole responsibility to ensure that these systems and all other equipment will be compatible with DSL before ordering service. If Subscriber is unsure or unable to determine compatibility, a professional contractor should be hired at Subscriber’s own expense before ordering service. IgLou will not be responsible for any fees or losses incurred due to Subscriber’s failure to ensure compatibility.
Use of DSL service will require a compatible DSL modem. Unless otherwise specified in a given service plan or promotion, IgLou’s activation and monthly fees do not include the cost of the DSL modem or any other equipment needed for Subscriber to successfully use the service, including but not limited to DSL filters, telephone jacks, Ethernet cards, computer equipment, or additional wiring.
Missed installation appointments may result in a $100 missed-appointment fee.
Subscriber hereby authorizes IgLou to act on its behalf with the Local Exchange Carriers and others for the provisioning required as part of the IgLou services. This authorization shall remain in effect until canceled by Subscriber in writing.
IgLou reserves the right to restrict, suspend or cancel Subscriber’s service if Subscriber’s use is considered abusive or in any way interferes with other IgLou subscribers or IgLou’s networks, at IgLou’s sole discretion.
4. DSL Internet Access – Guarantees
The telephone companies that own and operate the public telephone lines do not provide IgLou with any guarantees as to the reliability of DSL Internet service, nor do they provide any guarantee of availability or minimum response time to repair a circuit should there ever be a disruption in service. As a result of these limitations, IgLou’s DSL high speed Internet access is offered only as a best-effort service and should not be used for applications where availability and bandwidth are mission critical.
Actual obtainable DSL Internet speeds may vary depending upon many factors including location of your home or office, quality of phone lines, computer performance and configuration, network or Internet congestion, Internet sites accessed, time of day, and current phone line conditions. Uninterrupted and error free service is not guaranteed.
IgLou may offer a Service Level Agreement (SLA) for certain service plans. Please inquire with IgLou Customer Service to obtain a copy of any applicable SLA.
In the event that obtainable DSL speeds are proven to be consistently lower than the advertised minimum speed for a given service plan, Subscriber reserves the right to downgrade or cancel service without incurring cancellation fees. Please inquire with IgLou Customer Service to obtain a copy of applicable minimum speed guarantees. If a minimum speed isn’t specified for a given plan, it is defined as the speed halfway between the ordered speed and the next lowest speed plan.
5. DSL Internet Access – Fees
Any installation fees must be prepaid before DSL Internet service orders can be placed. A valid major credit card may be required to obtain service on certain rate plans. Installation fees are non-refundable unless IgLou is unable to successfully install the ordered service to Subscriber’s location.
In the event Subscriber cancels their order prior to installation, or if Subscriber requests a change in service before installation has completed, a $35 order change fee may apply.
Billing for service begins as soon as installation is complete, even if the service is not used. All service charges are non-refundable.
Certain Internet plans may require a minimum service commitment. If service is canceled for any reason after service is installed but before the end of the service commitment, an early termination charge will apply. Subscriber agrees that the early termination charge represents actual damages to IgLou and that this charge is not a penalty.
A move of service to a different address or location will be considered a cancellation of service and a separate new installation, and any applicable early termination charge will apply.
IgLou will waive the early termination charge for residential Subscribers moving to a new address at a new location, provided that Subscriber’s service has been active for at least 90 days, they attempt to order and install the same level of service or higher, and there is no lapse in service. Early termination charges will only be waived one time within any given 12 month period.
In the event Subscriber’s account is terminated due to payment delinquency, IgLou will immediately impose any applicable early termination charges associated with any service commitment.
6. Dialup Internet Access
Non-metered local access phone services may not be available in all areas. It is Subscriber’s sole responsibility to determine if a particular phone number being used to access IgLou is within their local calling area. Subscribers are responsible for all long distance or local metered charges they incur in connecting to IgLou’s dialup Internet access services.
IgLou does not guarantee modem dialup access speeds. Telephone lines, telephone traffic, PBX systems, weather conditions, and other telecommunications factors that are outside of the control of IgLou will affect the data transfer rate (bits per second) at which a particular modem can receive or transmit data.
There may not be any simultaneous use of dialup Service from two or more computer systems.
Any Subscriber dialup account may be automatically disconnected (“idle timeout”) after ten (10) minutes of inactivity, as detected by IgLou through electronic means. This time is approximate and is subject to change by IgLou at any time without notice.
Any Subscriber non-dedicated dialup account may be automatically disconnected after eight (8) hours of use, as detected by IgLou through electronic means. A Subscriber is welcome to reestablish connection with IgLou after such a disconnect through non-automated means.
Dialup accounts that use more than 150 hours of usage per month may be denied access to IgLou’s network for the remainder of the month, may be restricted during prime-time hours (defined as 6:00pm to 12:00midnight, 7 days a week), or may be required to change to a dedicated connection service-plan.
7. Electronic Mail
Any use of IgLou’s electronic mail systems other than to send correspondence to a known personal recipient or business contact is strictly prohibited.
Forging of message headers, for the purpose of masking Subscriber’s identity, is prohibited.
Spamming is the common term for the sending of unsolicited emails. The sending of such emails is an extremely undesirable activity in the Internet community and may be a violation of state and/or federal laws. Unsolicited mail sent from, through, to, or in reference to IgLou services or Subscribers is prohibited. Any violation of this or any of the following policies may result in the immediate termination of IgLou services without notice or refund, and a maintenance fee up to $200.00 per day per incident may be charged to cover our costs of ensuring that all traces of the mailings have been eliminated, including removing messages in our mail input queues, answering complaints and removing IgLou from any spam-block lists.
Bulk email, even when solicited, is prohibited unless prior written consent is obtained from IgLou. The sending of bulk email messages is defined as sending 50 or more mostly identical messages during a 24-hour period.
Chain letters, “Get Rich Quick” schemes, phishing attempts, or other potentially fraudulent content is prohibited.
8. Web Hosting
Web hosting space may not be used to host, or to link to locations hosting Adult content, illegal material, or sites that promote the illegal distribution of copyrighted works. Adult sites are defined as those containing pornographic photographs, obscene or vulgar sound files, obscene or vulgar language, obscene or vulgar images or other materials that are deemed offensive in the sole discretion of IgLou.
Subscriber may not use IgLou’s web-hosting storage space for the long-term storage of files or documents that are not directly related
9. Unauthorized Solicitation
The use of any IgLou service, network or system to solicit IgLou Subscribers by other competitive services is prohibited.
10. Harassment, Hacking and Fraudulent Behavior
Threatening actions of any kind with the implication or intent to harm persons, groups or property is prohibited. Harassment of any kind with the intent to annoy or threaten other persons is prohibited.
IgLou forbids active searches for security problems in IgLou’s network, or any other network, reachable by Subscriber. IgLou will pursue all legal avenues against those violating this policy, including but not limited to, criminal prosecution. If you suspect a problem with our services (or others), we would appreciate a friendly email message from your own account.
Subscriber will not attempt to probe, undermine, hinder, damage, or disrupt the hardware, software, or security of the IgLou system, the IgLou network, the Internet, or any system reachable directly or indirectly through our service.
Any access to other networks through IgLou must comply with the rules appropriate for that network. Specifically, this prohibits any commercial use of any public access network without prior consent from the administrators of that network.
Subscriber will not make fraudulent offers of products, items or services originating from IgLou.
11. Malicious Conduct / Violations of the Law
Subscriber may use IgLou’s Services for lawful purposes only. All uses of Services by Subscriber shall comply with all local, state and federal laws as well as all rights, obligations, limitations or other interests of any third person or entity.
Unauthorized copying of copyrighted material, including but not limited to, digitization and distribution of photographs from magazines, books or other copyrighted sources, music, and copyrighted software is prohibited. The Subscriber assumes all risks regarding the determination of whether material is in the public domain.
Using IgLou services to post or transmit, in any form, any threatening, abusive, libelous, defamatory or otherwise objectionable information of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, or Federal law or regulation, including without limitation, U.S. export control laws is strictly prohibited.
IgLou may be required to comply with court orders, subpoenas, lawful discovery requests and other legal or regulatory requirements. In these events, IgLou may be required, without notice to Subscriber, to provide Subscriber’s personal information to the courts, agencies or others involved in prosecuting claims or investigations for conduct alleged to be illegal or to threaten or violate the rights of any person or entity. This personal information may include names, addresses, telephone numbers, credit-card numbers, emails stored on our servers, usage information, and any other data stored on IgLou’s servers or networks.
12. Domain Registrations
IgLou Subscribers registering domain names through IgLou must adhere to all terms and conditions specified in the Domain Registration Agreement as specified at the URL of http://www.iglou.com/terms-of-service/.
To ensure that our customer’s domain names remain operational, automatic renewals of Subscriber’s domain names will continue annually until specifically requested to expire. Notification to let a domain expire must be made at least 45 days prior to the domain expiration.
Subscriber shall pay, in accordance with the provisions of the billing option selected by Subscriber, any registration or monthly fees, late fees, connect time charges, roaming charges, minimum charges and other charges incurred by Subscriber at the rates in effect for the billing period in which those charges are incurred.
All monthly subscription fees are applicable each month, regardless of how many hours the Service is used and regardless of the number of days in the month that the Subscriber has an account with IgLou. Usage-based fees will be billed in the calendar month subsequent to when they were incurred by Subscriber.
Activation, fulfillment, shipping and handling fees are non-refundable. Any applicable money-back guarantees cover refunds of the first month’s basic service charges only.
Certain services may include cost recovery fees. These fees help defray the costs of various federal, state, and local regulatory charges, as well as administrative costs incurred when interconnecting with telephone company networks. These recovery fees are not a tax and are not amounts we are required to collect from you by the government. Subscriber understands that these fees may change from time to time, and without prior notice.
Subscriber authorizes IgLou to charge all amounts owed to IgLou to his/her credit-card on file. Subscriber assumes all responsibility for notifying IgLou of changes in credit card numbers and/or expiration dates.
If Subscriber’s balance is not paid by the due-date shown on the invoice, the account will be considered delinquent. In this event, all outstanding balances will become immediately due and service may be suspended or canceled at IgLou’s sole discretion. Accounts that are suspended for this reason will be completely removed no later than 45 days if remedial action is not taken by Subscriber. In the event Subscriber’s account becomes delinquent, Subscriber agrees to pay all reasonable costs of collection incurred by IgLou, including, but not limited to, court costs, reasonable attorneys’ fees and collection agency fees.
No restrictive notation and/or endorsement applied to Subscriber’s invoices or payments will prevent Iglou Internet Services, Inc., from our ability to collect any and all amounts due to us.
Questions regarding charges must be brought to the attention of IgLou’s billing department within 90 days after the end of the questioned billing period. Charges older than 90 days are not subject to review, reversal or refund.
Specific billing policies, procedures and fees are described in detail in IgLou’s Billing Policies.
Subscriber agrees to defend, indemnify and hold IgLou Internet Services, Inc. and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorney’s fees, resulting from use of the Service which damages Subscriber or another party.
15. Term of Agreement
This agreement is effective from Subscribers acceptance thereof, which is indicated by Subscriber’s initial use of Service.
16. Termination of Agreement
IgLou may terminate this Agreement WITHOUT NOTICE OR REFUND: at any time without cause upon 14 days prior notice; or, immediately if Subscriber or any person who has access to the Service through Subscriber’s account, commit a material breach of this Agreement or abuse the service provided by IgLou.
IgLou reserves the right to terminate the Service of any subscriber who verbally or otherwise abuses or threatens any IgLou employee.
IgLou accounts will remain active until requested to be canceled by the account holder. Subscriber will continue to be billed on a reoccurring basis, regardless of whether the account is accessed, until such cancellation request is received.
Subscriber may terminate their Service by requesting cancellation of service. This request may be submitted only by one of the following means: (1) account manager web-form at http://www.iglou.com/billing, (2) telephone calls directed to our billing department at (800) 436-4456 or (3) electronic mail to firstname.lastname@example.org originating from an IgLou email account.
Authorized and approved cancellation requests received in the middle of a billing cycle will take effect on the last day of that billing cycle, and Subscriber will remain responsible for all fees accrued through that date.
Cancellation or termination of Service does not release Subscriber from the obligation to pay all accrued charges under this Agreement.
17. Monitoring the Service
IgLou has no obligation to monitor the Service, but may do so and may disclose information regarding Subscribers use of the Service for any reason if IgLou in its sole discretion believes that it is reasonable to do so to satisfy laws, regulations or governmental requests; to operate the Service properly; and, to protect itself and its members. IgLou will not disclose member information to outside persons or entities for the purpose of soliciting IgLou members.
IgLou, in its sole discretion, may remove or refuse to post any information or materials, in whole or in part, which are unacceptable, undesirable or in violation of this agreement.
18. Disclaimer of Warranty
SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT THE SUBSCRIBER’S SOLE RISK. NEITHER IGLOU NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IGLOU OR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICES. THE SERVICES ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE.
NEITHER IGLOU NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY. SUBSCRIBER EXPRESSLY ACKNOWLEDGES THAT THE PROVISIONS OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. SUBSCRIBER AGREES THAT IT WILL NOT IN ANY WAY HOLD IGLOU RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICES.
Subscriber acknowledges that Internet sites and use of the Internet might consist of, include and/or provide access to images, sound, text and other content that may be unsuitable for children and may be objectionable to adults. Subscriber acknowledges that IgLou is not responsible for any such content or material and agrees that access to same through use of the Services is at Subscriber’s sole risk.
Subscriber acknowledges that the reliability, availability and performance of resources accessed through the Internet are beyond IgLou’s control and are not in any way warranted or supported by IgLou. Subscriber acknowledges that safeguards relative to copyright, ownership, decency, obscenity, security, reliability and integrity of content may be entirely lacking with respect to the Internet and content accessible through it. Subscriber acknowledges that IgLou does not evaluate, endorse or in any way vouch for the accuracy, completeness, truthfulness, security or reliability of any service, opinion, material of information made available through the Services. Subscriber assumes all risk and liability for use of the Internet.
IgLou assumes no liability for damage to account files or loss of data due to IgLou’s direct or indirect fault. IgLou assumes no liability for connect time charges that are attributable to the Subscriber’s failure to maintain confidentiality or from failure to protect the password from unauthorized Subscribers. IgLou makes no guarantee and assumes no liability for the security of any data on any server including “secure servers”. The Subscriber acknowledges that there is no guaranteed privacy on the Internet and that IgLou is not liable for any viewing or interception of the Subscriber’s email, files, etc. by outside parties.
19. Proprietary Rights
IgLou reserves all copyrights, trademarks and other rights in and to any content available through the Services and identified as, claimed by IgLou as proprietary to IgLou (and its licensors). This Agreement is non-transferable. Nothing in this Agreement is intended to be an assignment of any of IgLou’s rights. All rights reserved.
20. Right of Refusal
Notwithstanding any other provision of these guidelines, IgLou reserves the right to refuse service to any one for any reason, including but not limited to inappropriate postings, uploadings or the inclusion of objectionable materials in web-hosting space. If IgLou, in its sole discretion, deems that the above guidelines are being violated, for any reason, it reserves the right to terminate the offending account immediately without notice or refund.
21. Choice of Law
This Agreement constitutes the entire agreement between the parties.
The laws of the Commonwealth of Kentucky govern this Agreement, Subscriber’s account, IgLou, its directors, officers, employees, agents, subsidiaries and parent company.
Subscriber agrees that the law of our own commonwealth, Kentucky, will apply to all matters relating to this agreement and to our computer systems and network. In addition, Subscriber agrees and consents that if Subscriber ever takes legal action against us, the courts of our own commonwealth, Kentucky, will have exclusive jurisdiction over any such legal actions.
All matters with respect to this agreement, including, without limitation, matters of validity, construction, effect and performance shall be governed by the internal laws of the Commonwealth of Kentucky applicable to contracts made and to be performed therein between the residents thereof (regardless of the laws that might otherwise by applicable under principles of conflicts of law). All actions filed with respect to this agreement will by filed in the Circuit or District Court of Jefferson County Kentucky and the parties to this agreement consent to the personal jurisdiction of our courts.
IgLou reserves the right to change this Agreement at any time, without notice. The information in this document does not represent a commitment on the part of IgLou.
The preceding Agreement contains the complete and exclusive statement of the Agreement between Subscriber and IgLou with respect to the IgLou Service. This Agreement supersedes any written or verbal proposals, prior agreement, or other communication between Subscriber and IgLou relating to the subject matter of the Agreement.
Neither party is relying upon any statement or representation of any agent of the other party and each is relying on the party’s own individual judgment.
IgLou’s failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
IgLou is a registered trademark. IgLou’s logo is a trademark of IgLou Internet Services, Inc.
(c) 2015 IgLou Internet Services, Inc. All Rights Reserved. No part of this publication may be reproduced or transmitted in any form or by any means, either electronic or mechanical (Including but not limited to, photocopying, recording or any information and retrieval system), without the express written permission of IgLou Internet Services, Inc.